David Gehrig

David S. Gehrig

Partner

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Public Agency
Public Agency
San Francisco

David assists public agency clients with legal issues related to public works construction projects. His clients include water districts, wastewater agencies, community college districts, health care districts, cities, counties, and transit agencies. He has worked on numerous large-scale infrastructure projects, from the drafting of the contract specifications, through the bid process, to contract completion and claims resolution. He has considerable experience with contract award disputes, subcontractor substitution issues, bidder pre- qualification, and has successfully resolved several stop payment notice lawsuits for public agency clients.

Design-build and Alternative Project Delivery Methods

Design-build contracting is increasingly being recognized as a more effective project delivery method for public agencies. David has written papers and presented at conferences on this topic for a number of years, and has considerable recent experience on a number of large infrastructure projects. David is also familiar with the wider range of alternative project delivery methods, and has assisted clients with CM at Risk contracts, lease-leaseback contracts, and public-private partnership arrangements. He works closely with clients to identify which available project delivery methods are best suited for a particular project.

Water District General Counsel

David has served as general counsel to the Purissima Hills Water District for approximately 10 years. In that capacity, he has developed expertise with open meeting laws, Public Records Act compliance, compliance with Proposition 218 requirements during rate increases, and compliance with emergency drought regulations issued by the California State Water Resources Control Board.

Prevailing Wage and Labor Code Compliance

David has considerable expertise with prevailing wage and Labor Code compliance issues. He has assisted agencies and contractors with resolving Civil Wage and Penalty Assessments issued by the California Department of Industrial Relations (DIR), including the revocation of a $6.4M Civil Wage and Penalty Assessment on behalf of a transit agency. David has also has guided public agencies through SB 854 requirements, and serves as legal counsel to an in-house Labor Compliance Program for a large transit district. For private clients, he has advised on prevailing wage compliance strategies and obtained several favorable prevailing wage coverage determinations from the DIR.

Representative Work

Gravity Pipeline Project, Silicon Valley Clean Water

Front of Plant Project, Silicon Valley Clean Water.

Pump Station Improvements Project, Silicon Valley Clean Water

Outpatient Infusion Clinic, Salinas Valley Memorial Hospital System

Charles D. Meyer Desalination Plant, City of Santa Barbara

Peninsula Corridor Electrification Project, Peninsula Corridor Joint Powers Board (JPB)

Skyline Building 12, San Mateo County Community College District

Cañada Building 23, San Mateo County Community College

Publications

"The Benefits of Design-Build," In the Loop with the Hanson Bridgett Government Group Video Alert (September 2017)

"AB 626 Creates New Procedural Requirements for Public Works Claims," co-author, Government Law Alert (December 2016)

"Chapter 7: Public Contracting," reviewer, Municipal Law Handbook (2016)

"A Step Forward for Public Works Contracting – Design-Build in the Public Sector After the Adoption of SB 785," Hanson Bridgett White Paper (May 2015)

"New Public Works Requirements for Contractors and Public Agencies Pursuant to SB 854," co-author, Public Agency Law Alert (December 2014)

"​New Case Confirms Competitive Bidding Exception for Lease-Leaseback Projects Award By School Districts," co-author, Construction Law Alert (September 2014)

"Bracing for Construction Claims: Seven Things You'll Wish You Had Done When the Claims Come," Construction Law Alert (May 2013)

"Design-Build is Gaining Traction in the Public Sector," co-author, Construction Law Alert (March 2011)

Integrated Project Delivery (IPD) Video Series (July 2010)

"Alternative Project Delivery Methods for Public Works Projects in California," Construction Law Alert (March 2009)

"Public Contract Disclosures," San Francisco Daily Journal (December 2006)

"Changes to Prevailing Wage Laws Expose Public Agencies to Potential Liability," Public Agency Advisory (February 2004)

See All Publications

Presentations

"Progressive Design-Build Contracting", Community College Facilities Coalition Annual Conference (September 2018)

“Design-Build for Public Works Projects,” County Counsels’ Association of California Public Works and Contracts Spring 2015 Study Section Conference (May 2015)

“Design-Build for Public Works Projects,” City Attorneys' Spring Conference (May 2015)

"Bracing for Construction Claims: Seven Things You’ll Wish You Had Done When the Claims Come," co-speaker, American Public Works Association, Northern California Chapter (November 2014)

"Design-Build for Public Works Projects," 45th CSDA Annual Conference & Exhibitor Showcase (October 2014)

"Design-Build for Public Works Projects," 17th Annual APWA NorCal Public Works Conference (November 2013)

“Bracing for Construction Claims: Seven Things You’ll Wish You Had Done When the Claims Come,” League of California Cities 2013 City Attorney Spring Conference (May 2013)

"Overview of California Stop Payment Notice Laws," Telfer Oil Annual Meeting on Public Works Construction Issues (March 2013)

"Design-Build/Public Private Partnerships," co-presenter, County Counsels’ Association of California Fall 2011 Public Works & HazMat Study Section (October 2011)

"Creative Options for Delivering Public Works Projects: Design-Build and Public-Private Partnerships," co-presenter, CSDA Annual Conference (October 2011)

"Eight Things You’ll Wish You Had Done When the Construction Claims Come," American Public Works Association (March 2011)

"Bracing for Construction Claims During a Slow Economic Recovery," Public Agency Construction Seminar (September, October 2010)

"Alternative Project Delivery Methods for Public Works Projects," League of California Cities (September 2009)

See All Presentations

Press

"More Attorneys Are Jockeying for Public Projects," Daily Journal (June 2009)

Professional Affiliations

California Special Districts Association, Public Contracting Expert Feedback Team

Bar Association of San Francisco

Education

J.D., University of California, Hastings College of the Law (1995)

B.A., with distinction in English, Phi Beta Kappa, University of Washington (1991)

Admissions And Courts

California

Washington

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

Languages

German

Swiss German

Law Blog

Infrastructure Law Blog
Insights on California and National Public Works Construction Issues

San Francisco

415-995-5063 Direct Phone
415-995-3416 Fax

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Firm Leadership

Infrastructure Co-Practice Group Leader